"To stay the decision would subject these families, and particularly their children, to precisely the irreparable harm this court decried." Thoughts?

Lawyers for four same-sex couples have asked U.S. District Court Judge Timothy Black to not delay enforcement of his order that Ohio recognize same-sex marriages performed legally in other states.Plain Dealer file photo

CINCINNATI, Ohio – Lawyers for four same-sex couples used a federal judge’s own words in a request filed this morning that the judge not delay his order requiring Ohio to recognize gay marriages performed legally in other states.

Attorney Al Gerhardstein quoted U.S. District Court Judge Timothy Black’s 45-page ruling issued Monday, which he described as "a much-needed order,” and which was critical of the state’s defense.

Ohio offered only "vague, speculative and/or unsubstantiated interests" that "rise nowhere near the level necessary to counterbalance the specific … injuries suffered by same-sex couples,” Gerhardstein wrote in a 13-page memorandum.

"To stay the decision would subject these families, and particularly their children, to precisely the irreparable harm this court decried in (Monday's) order," Gerhardstein wrote.

The state filed a five-page brief in support of a stay of the ruling, except in the case of the four plaintiffs. Lance Himes, director of the state Department of Health, said he would not interfere with the issuance of birth certificates for the children of the plaintiffs.

Assistant Attorney General Ryan Richardson argued that stays have become the norm in similar cases, and courts that deviated were reversed.

By refusing to grant a stay, Richardson wrote, Black would risk causing confusion among other same-sex couples who are not part of the lawsuit, and who might spend time and money making estate plan changes or other arrangements under the misguided impression that they had won that right in court.

"Some might even travel to other states to marry, counting -- prematurely -- upon Ohio's recognition of their marriages when they return," Richardson wrote.

He cited newspaper reports in which some Ohio same-sex couples already were planning to travel to Chicago to get married.

"Premature implementation of such sweeping change should be avoided where such change might be temporary," Richardson wrote.

Black’s ruling came in response to a lawsuit filed in February in which four same-sex couples sought to force the state health department to list the names of both same-sex parents on the birth certificates of their children.

Three of the couples are lesbians who live in the Cincinnati area and are due to become parents in June. The fourth couple are married gay men from New York who adopted a baby born in Ohio.

Black on Monday said he would not delay his ruling as it applied to the four couples who brought the lawsuit because they had successfully demonstrated that a stay would harm them. He asked both sides to submit written arguments before deciding whether to delay enforcement of his order for other same-sex couples.

Ohio Attorney General Mike DeWine said he intends to appeal the ruling to the 6th U.S. Circuit Court of Appeals.

Black’s decision on a stay should be based on whether the state has a strong likelihood of success on appeal, whether the state will suffer irreparable harm by a stay, and where the public’s interest lies, Gerhardstein said.

Gerhardstein cited 10 other federal courts that have found such state bans to be unconstitutional, providing "overwhelming precedent" to rule against Ohio.

He went on to argue that same-sex couples would suffer severely by a stay, while the state cannot make a strong case for it being harmed.

"Maintaining such policies cannot possibly serve the public interest," Gerhardstein concluded, adding that three of his clients are expecting their babies to be born “any week” -- long before the 6th Circuit judges would rule on an appeal.

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